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Public liability - is this normal?


Pedroski
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NFu tried to put on a height restriction but I said it wouldn't work. It took a bit of sorting but by changing the type of policy with NFU from a jumped up landscapers policy to s specialist trades policy the height restriction was gone. I am still restricted to no motorway work or railway work (or work within 2 tree lengths of either) but i don't do that anyway.

 

Take your time when buying the policies, read everything twice and if in doubt ask for clarification in plain english in writing.

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NFu tried to put on a height restriction but I said it wouldn't work. It took a bit of sorting but by changing the type of policy with NFU from a jumped up landscapers policy to s specialist trades policy the height restriction was gone. I am still restricted to no motorway work or railway work (or work within 2 tree lengths of either) but i don't do that anyway.

 

Take your time when buying the policies, read everything twice and if in doubt ask for clarification in plain english in writing.

 

:dito:

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I think everyone wants cheap insurance as most folk see it as a means to an end, however, as Dean has stated - beware the pitfalls.

 

We pay a pretty hefty premium for all our operations, and gladly too as it's reassuring to go out in the morning to a job or send a squad out to a job knowing full well that if the inevitable does happen you are fully covered.

 

Having cheap insurance that has loads of small print and terms is not worth having, especially when so many jobs within our industry are varied, and have varied risk factors. Get covered, don't get shafted!

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There is a big difference between using subbies to do a job for you and getting subbies in to assist with the job. It all boils down to the person making the decisions during the job.

 

I had this discussion with NFU and got in writing

 

1. If I am on site and using subbies to assist (even if I sit in the van doing nowt I am still there) then the liability is mine entirely. I am employing the subbie and any insurance liability is on my policy.

 

2. If I get a job but sub that entire job or part of that job out then the liability is with the contractor. For example if you took on a full landscaping job for say £10k to include clear and replant you could sub the clear out to Joe Bloggs trees for say £3k, hand the site to them, site gets cleared and handed back any insurance issues while the site is getting cleared are your sub contractors. You have contracted out the work to a third party and they make the decisions on how the work is done, you have no input other than the spec that they quoted against. The original client may sue you but provided you can prove to your insurance co that you subbed it out then they will pass the claim to your subbies insurers.

 

I have insurance for direct employees (i.e. on the pay role), use of subbies (day by day invoiced e.g. a climber) and use of bona fide subbies (handing the job to A.N. Other company who have their own insurance)

 

I assume, then, that I'm ok with what I do. For the trees I get in a self-employed sub-contractor who has his own team, his own public liability and employers liability, and his own personal injury insurance. I say to him what I want done (or what the customer wants done) and leave him to it. He makes the decisions and runs the tree part, and has me dragging brush and logging.

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Who pays who at the end? Are you working for him dragging his brash or is he working for you climbing? Are you paying him for the job or day rate?

 

You are on dodgy ground there, to me there isn't a clear cut who works for who. If something went wrong is it his mistake on his companys insurance or is it his mistake on your insurance as you have got a subblie climber in

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Same here

nfu just don't want to be involved in tree work hence the height restriction.

Anyone with a £400 insurance from them is very likely winging it.

Similar too

I once subbed out on a large contract to my landlord and his partner for some groundworks only to find they had waded in and taken the main contract.

You just can't trust in business

Best thing was they had a real problem getting their money- HeHe:thumbup1:

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I agree, I've been insured with lycetts (was Algarve) for the last 16 years or so. When my Ifor trailer was stolen, they replaced all the gear in the trailer the same day (I just invoiced them) and I had a brand new LM146 within 2 weeks. A mate of mine changed to a cheaper insurer, got robbed and only got half the value of his stolen saws...and it took months!. You pay for what you get. I have no height restriction and I trust them to pay out if things go pear shaped!

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If the contract climber is working for you he uses your insurance, as you have said its your job. If you give him the job and have nothing to do with the job it's his sub contract his insurance.

 

I contract climb as well as run my own company and I use arbinsure, very good!

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Who pays who at the end? Are you working for him dragging his brash or is he working for you climbing? Are you paying him for the job or day rate?

 

You are on dodgy ground there, to me there isn't a clear cut who works for who. If something went wrong is it his mistake on his companys insurance or is it his mistake on your insurance as you have got a subblie climber in

 

It goes like this. My client agrees for some tree work to be done. The tree work is too much for me to do - I landscape, I fence, I climb for fun, but I don't want to go up trees with chainsaws and it's certainly not what I'm qualified to do. So I get another firm in to do the tree job, negotiate a price for the job with them and I give them the job to do how they see best and pay them to do the job. The job they do is theirs. I help out with dragging brash and logging just because I want to. When it's all finished my client pays me.

 

I believe I'm in the clear. The NFU lady seemed to think so. She just didn't want to insure for me telling the tree firm how to work, which I don't as they know best and I leave them to it.

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